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Author Topic: Would you....  (Read 5363 times)
N5LRZ
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« on: November 04, 2009, 05:27:59 AM »

A white flag question, I will not hack up any person or answer.  Its just a JUST CURIOUS question....

OK this is a simple "What IF....would you" question.

Situation...

Your town has just enacted the legal requirements enabling them to enforce the FCC rules and regs concerning CB.  They have gotten the green light from the FCC to begin enforcement.

A call has gone out for volunteers from the Amateur Radio community to act as a kind of CSI team/station inspection team.

As a station inspection member you would of course have to take and pass an FCC course on station inspection procedures and the city would instruct you on the proper way to gather evidence etc.

The only thing you would get out of this would be a little jacket with 'Police Dept' or some such garment to borrow from the city while you were inspecting and which you had to turn in afterwards.

You would NOT, I emphasis this, not enter any station or dwelling until law enforcement had served proper legal papers and made sure that no one will be shooting at you.

The simple question, given the above parameters and knowing that no one will be shooting at you, would you volunteer as an Amateur Radio Op to serve as a station inspector of CB Radio Stations?  Just a simple yea or nay, reasons are not necessary unless you feel the urgent need to state them.

===================================================


I will get it started, provided that the all clear was given by the proper law enforcement people authorized to legally carry firearms that it is safe to enter I would have no problem inspecting CB Stations for compliance with the FCC Rules and Regs as applicable to the CB Band.  So my reply would be the simple Yes I would serve my community in this capacity.
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KA5N
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Posts: 4380




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« Reply #1 on: November 04, 2009, 05:53:14 AM »

Wouldn't touch it with a ten foot pole.  It is unlikely that you would be indemnified as "an officer of the law" and any damage (no matter how it occurred) during the "examination" or personal injury could be the basis of a civil or even criminal law suit.  
Such activity is for the officials not a sworn in posse.
Protect yourself, steer clear!

Allen
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N5LRZ
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« Reply #2 on: November 04, 2009, 06:49:52 AM »

Re 5n...

Of course I could not put every possible thing into the original post or else it would be as long as War and Peace.

But rest assured it was given for granted that once trained the city and or government would exempt one from any kind of legal action as long as they followed established policy and procedures as formalized and properly codified by the proper legal agencies and government.

Given that you know know that you will never face any civil court suits or legal actions I give you a chance to reply again.
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KA5N
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Posts: 4380




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« Reply #3 on: November 04, 2009, 08:00:49 AM »

Oh sure trust city government!  
What about the ticked off CBer who will find where you live?
I'm not getting into any fight that I don't have a dog in.  
You of course, can do as you please.
Allen
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WW5AA
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Posts: 2086




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« Reply #4 on: November 04, 2009, 08:13:59 AM »

You could wear an orange hard hat with a 2 meter antenna on top, a belt full of HT's, a badge on your safety vest....wanna be's and ecomm experts. MERCY!

73 de Lindy
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K5END
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Posts: 1309




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« Reply #5 on: November 04, 2009, 08:29:21 AM »

Sorry to be a naysayer, but, no. Not in Texas.

And you'd never know if the illegal rig is booby trapped as an IED.

Besides, one need not enter a dwelling to determine whether the signal is illegal. We have all kinds of test equipment for that.

Suspect equipment under "probable cause" based on the test equipment measurements would be confiscated by the cops and brought to a lab for evaluation and physical proof.

Cops have better things to do than track down CB'ers.
Unless fines would generate significant revenue for the local government, they probably won't bother.

Now, if the police chief is a Ham, it might be different. Smiley
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WW5AA
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Posts: 2086




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« Reply #6 on: November 04, 2009, 08:38:49 AM »

I have it....we will train the C.B. ops to check ham stations...and your favorite, hams with antennas in HOA's. Then we change the FCC rules and have a stimulas plan for C.B. amplifiers. Wow!

73 de Lindy
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WG7X
Member

Posts: 350




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« Reply #7 on: November 04, 2009, 08:49:42 AM »

I confidently predict that this thread will degenerate shortly.

But in the meantime...

NO. No way no how. There are way to many downsides to that equation and very little rewards.

As much a I personally would love to shut down all the outlaw CB'ers, that is the job of law enforcement, be it local, state or federal. Outlaw types of folks tend to take things like inspecting stations for violations personally.

Would you be ready to face the consequences?

Think about the type of people who would be inspected.

Putting on the whacker badge and vest is not going to keep you out of harms way at oh, say 2 AM, now is it?

Yes, CB has become a cancer on the radio landscape. It needs to be cut out. Attending a short course and putting on a vest will not make you a surgeon, nor will it protect you from the disgruntled object of the search.

Let's leave law enforcement to those who are trained and paid to do it...

BTW, as adjunct to your question: Since in the eyes of the public, Amateur radio and CB are synonymous (the same that is) I would predict that legally licensed Amateur radio operators, who just happened to have an RFI problem might just find THEMSELVES on the wrong end of one of those "investigations".

How would that feel?

That's just what might happen if responsibility for enforcement of Federal statutes falls into local hands. Cops with a complaint, and little if any radio knowledge out to settle things down...

Yeah right! Just what we need. After all the problem is solved if YOU don't transmit right?

Let's leave this one alone, OK?

73 Gary

PS: Yes, I know that FCC has given local authorities permission to enforce anti-cb rules/ regulations. That really bothered me, especially since we all look the same to them.
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K7UNZ
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Posts: 691




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« Reply #8 on: November 04, 2009, 08:55:38 AM »

For the police to be involved, the complaint would have to be a violation of the criminal code, NOT a violation of FCC rules.

Think harassment, threats, etc., made via radio.

Technical inspections remain a FCC thing, not a police matter.
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N3DF
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Posts: 253




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« Reply #9 on: November 04, 2009, 10:47:13 AM »

CB radio has rules?
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Neil N3DF
K2FOX
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Posts: 110




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« Reply #10 on: November 04, 2009, 11:23:24 AM »

Absolutely not.
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N5LRZ
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Posts: 0




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« Reply #11 on: November 04, 2009, 11:45:56 AM »

RE 5n...

Thanks for the reply.

And for you in general information, I truly dont care if an illegal CB person found out where I lived.

To do so would mean I gave a damn if he lived or died.

And I TRULY dont give a damn if they lived or died  (their problem in my book, not my problem at all).

At any rate thanks for the reply
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N5LRZ
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« Reply #12 on: November 04, 2009, 11:48:21 AM »

RE AA..

Thanks for the reply.

It might surprise you to know that a couple of years back at our area and only hamfest that I saw someone wearing a safety hard hat that had a 2 meter mobile antenna (one of those short ones with the loading coil in the middle) attached to the top.  

It turned out that he actually transmitted with that antenna hat--low power of course Wink
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N5LRZ
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Posts: 0




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« Reply #13 on: November 04, 2009, 11:52:57 AM »

Re END...

Re your statement of cops have better ...

Well that may or may not be true.  It would of course depend on the size of the FCC Fine and or Cut of the fine that the local government got that would determine if such activity was a financial good thing.

I am sure that the local government would not do it for free.

And IF the local government got a cut I an pretty well certain that the local government would include in their agreement with the FCC that the FCC would do whatever it took (even garnishments and seizure of home and property) to collect the fines.  LOL IF I were the local government that is what I would insist on in the agreement with the FCC.

At any rate thank you for your reply.
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N5LRZ
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« Reply #14 on: November 04, 2009, 12:03:26 PM »

Re AA...

Trained ops...

NOT a bad idea, BUT BUT BUT NOT CB ops.  They are only slightly above pond scum (FRS and those old Radio shack hand helds being the lowest of the low) in the food chain of radio.

Good Idea but wrong branch.  I have no objection to another service inspecting my station since I run only factory new gear out of the box without mods.  But, such inspections should be carried out by some branch HIGHER than Amateur (just as Amateur is HIGHER in the radio foodchain than CB).

WHICH ONE??? A good question.  GROL would be acceptable as the official inspectors of the FCC.  They are higher than Amateur Radio.  OF COURSE you have to keep in mind that only the FCC has any authority over Amateurs so the inspectors would be reporting directly to the FCC, of course, and not to any local, county or state government/government agency.

The FCC will allow local governments to enforce CB Rules and Regs but not Amateur Rules and regs.  Amateur Rules and regs they retain as their own territory of jurisdiction.

AT any rate thanks for the reply
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